Farley v. Riordon
Supreme Court of Alabama
Appeal from, the Circuit Court of Mobile. Tried before the Hon. ¥it. E. Claeice. In the matter of the petition of Mrs. Margaret Riordon,, widow of John Riordon, deceased, selecting certain lots in the city of Mobile, of which her husband died seized and possessed, and praying that the same might be set apart to her as a homestead, “free and exempt from all the debts of the said John Eiordon.”
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Appeal from, the Circuit Court of Mobile. Tried before the Hon. ¥it. E. Claeice. In the matter of the petition of Mrs. Margaret Riordon,, widow of John Riordon, deceased, selecting certain lots in the city of Mobile, of which her husband died seized and possessed, and praying that the same might be set apart to her as a homestead, “free and exempt from all the debts of the said John Eiordon.” The petition was filed on the 19th November, 1878, and alleged that said John Eiordon died, intestate, on the 10th September, 1878, leaving no children; that he occupied as his homestead, at the time of…
1Opinion of the CourtSomeryille, J.
Under the provisions of the present Code (1876), the Probate Courts of this State have no jurisdiction to try any controversy touching the right of exemption to real estate claimed as a homestead. This want of jurisdiction extends to all cases where the question is raised, whether the allotment has already been made and reported by commissioners, after they have made the selection and valuation, or whether the controversy arise on application made directly to the court under such circumstances as to authorize the appointment of commissioners to be dispensed with, as unnecessary to the…
2Cases cited2 opinions
- Collier v. FalkSupreme Court of Alabama · 1880
- Kelly v. GarrettSupreme Court of Alabama · 1880
3Cited by3 opinions
- Jarrell v. PayneSupreme Court of Alabama · 1884
- Toenes v. MoogSupreme Court of Alabama · 1885
- Cochran's Adm'r v. SorrellSupreme Court of Alabama · 1883